Premises Liability Lawyer Guide

What is Premises Liability?

Premises liability refers to a legal concept that states that property owners or businesses must provide a safe environment for all who use the property. It is impossible to prevent all injuries.

Operators, owners, residents, and operators need to provide a safe environment. This means they must perform their functions and prevent any accidents as much as possible.

Here are some simple ways to create a safe environment:

• To prevent slips and falls, a landlord or property manager will dry wet areas on floors that people could reasonably expect to use.
• Businesses clearly identify wet areas, obstructions, and dangerous flooring. Think malls, restaurants and bathrooms.
• Maintaining a clean balcony for guests who come to your home for a barbecue
• Ensure that any equipment or facilities (pools, toys and gym equipment, for example) are in good condition.
• Properly installing and maintaining carbon monoxide detectors and fire alarms and other safety equipment.
• Make sure merchandise and other objects are properly secured so that they don’t fall on customers.
• Assuring guests and customers are safe from electrocution at the property.
• Ensure that the property or business meets all applicable safety and building regulations. This includes fire safety codes.

Failure to uphold this standard of care by a property owner or business can make them liable. Neglecting to perform their duties is considered negligence.

Setting up a Premises Liability case

Slip and fall injuries are the most common form of premises liability personal injury. These accidents happen every day. They can also happen when people trip on wet floors or restaurant carpets. Some slip when they enter a bathroom. These kinds of injuries are quite common. Sometimes, flooring can become slippery from rainwater or drips.

Other cases involving premises liability are more serious. For example, someone is electrocuted if they use old equipment or a piece from a gym that snaps and sends heavyweights smashing into someone’s head.

How can you tell if something is a random accident? Let’s take an in-depth look.

To prove premises liability, you need to show four things. These are:

• The property was legally owned, leased or occupied by the defendant.
• A plaintiff must prove that the defendant was negligent. The injured party must prove that the defendant failed to maintain or repair safety hazards (or fail to warn by putting up “wet floors” signs).
• The plaintiff (injured person) must prove they were actually injured. (Many people falsely claim injuries to other people’s property. The plaintiff bears the burden of proof.
• The defendant’s negligence caused the injuries.

The Big Four – Proving Negligence after an Injury

We now know what the four main components of any premises liability case. Let’s clarify some details. Anyone who is injured in a hotel fall cannot pursue damages.

You must prove negligence, and that injuries were caused by it.

It is difficult to pursue a premises liability case if someone slips and walks through the pool area of an apartment building. Lawyers, juries, and judges expect that a pool and the immediate vicinity should be watertight. There may be occasions when negligence is involved.

One example is if the owner knows about water pools in an area and people didn’t know it before they fell. If previous incidents of people falling and slipping were present. If the surface was not suitable or slippery, a surface such as a ceramic tile might be slippery.

It is difficult to climb a piece of equipment for a gym that has been purchased recently and maintained regularly. An injured plaintiff has a greater chance of filing a personal injury lawsuit against the manufacturer in these cases than trying to claim negligence on the part of the property owner. This could also be due to prior notice or maintenance of incidents.

There must be a direct causal link between the owner’s inability to provide a safe environment, and any injuries or accidents. You may not have a case if you don’t provide these conditions. Accidents can happen, unfortunately.

Slip and Fall Lawyer

A slip and fall lawyer can help you to distinguish the difference. You will only be able to tell the difference if you consult a qualified trial lawyer who is familiar with premises liability laws in your state.

It is easier to prove negligence if a business has poor service records, is not diligent in maintaining the property, or has a history of injuries. If a person owns a home with a damaged balcony and their friends tell them to fix it, they are responsible if it falls on everyone.

Follow the Law when it Comes to Premises Liability

You may think it is hard to prove negligence or pursue a premises liability case. This can sometimes be true, but an experienced lawyer who is familiar with state laws and regulations can help.

Florida and other states have tried to define a reasonable standard for care over the years. They adopt laws that establish how fast a business can post a hazard notice, what protections they must use at pools and other facilities and other methods of accident prevention.

This is good for both the plaintiff and the defendant.

It may be used to define “relatively secure environment” and “reasonable”. They are aware that they can reduce premises liability by adhering to the laws and ordinances applicable to their business, property, or situation.

It helps the plaintiff prove negligence. The evidence will be much more clear if, for example, the law requires that a fence must be in good condition around an apartment building’s swimming pool.

If the fence malfunctions or is damaged, it is clear evidence. Businesses must follow certain maintenance and care standards. It’s sometimes less clear for individual property owners.

As a visitor, you must prove your status

We must first address who is eligible to file a premises liability case if negligence occurs.

The status of visitors in relation to premises liability law differs from one state to the next. Florida distinguishes between invited people and those who aren’t invited (“Invitees”, Licensees and Trespassers”) Each visitor has a different duty.

Florida’s liability law grants the highest protection to business and public invitees. Let’s explore the different types of visitors, how they behave and whether or not you were invited.

Public invitee: Florida law states that a “public invitation” is someone who visits a property for a purpose which is open to the public. It may sound complicated, but this basically means that someone is visiting a public museum or swimming in a public pool to view some art. This includes people who visit hospitals to care for someone who is sick, or who want to see them.

Business Invitee: Business invitees are individuals who are invited to visit a property in order to fulfill a business purpose. People might go to a store to shop, or their family to see a movie at the theater. They are “business invitees” when they visit a business or shop to shop, take part in paid activities, or engage in any other business activity.

These two groups of visitors are entitled to the greatest protection in Florida premises liability lawsuits. Businesses and owners must place hazard signs and maintain safe conditions. Invitees are expected to be safe while they’re on the premises. It is unreasonable to expect someone visiting the zoo to have a glass window break and be cut suddenly.

Premises Liability Law and Licensees

Another category of visitor is the licensee. Licensees can have invited or uninvited visitors. This is the difference.

Invited licensee – A licensed person who is invited to enter the premises. These people are those who visit to perform maintenance, remodel a house, or provide other services. These people must be kept safe by the business or property owner.

Uninvited License – While it’s easy to question why someone would come to your home or business to perform services, it happens all the time. Consider how many times you have been knocked on the door by a sales representative. Florida property owners should avoid inflicting any injury by not allowing them to do so. It’s unreasonable to expect that you will ensure safety if they don’t know you’re there.

Trespassers

Trespassers are those who enter a property or business without permission or authorization. These visitors are not protected by the law and receive very little protection. Because it is impossible for property owners or operators to know if they are coming, or have already arrived, they do not owe any duty of care.

However, Florida has exceptions for minor trespassers. Property owners need to plan for potential injuries and protect their children. The law has a doctrine called “attractive nuisance” that is designed to attract children to the property and pose a danger of injury to them.

Hire a Premises Liability Attorney

If you have been injured on the property of someone else, but it is not your fault, or you believe it was due to negligence, you should consult a premises liability lawyer.

Reputable law firms that specialize in premises liability offer free consultations to discuss details of the accident and determine if you have a case.

A good lawyer will collect evidence and secure records such as maintenance logs to determine if a business or property owner did not provide a safe environment.

Perhaps the most important thing about a seasoned attorney is their ability to calculate the medical and other costs of your injuries in order to determine the right amount of damages for your long-term recovery.

How can you choose who to hire in a Florida premises liability case.

Florida has thousands of lawyers. Many of these lawyers are “personal injury lawyers.” However, very few of them are trial attorneys (lawyers who actually litigate cases and take depositions before going to trial).

Even fewer are skilled trial lawyers. It is important to hire the best lawyer for your case to represent you.

• Check to see if the lawyer that you are interested in is certified. The highest level of formal achievement for a lawyer is board certification. However, most “personal injury” lawyers do not have this status.
• Find out if he/she holds an “AV” rating with Martindale Hubbell or a 10.0/10 (“Superb”) rating at AVVO.com.
• Consider whether the lawyer has tried and won a significant number of personal injury cases in Florida or elsewhere in the country.
• Are you looking for a lawyer? Florida Super Lawyers Florida Trend magazine “Florida Legal Elite?” South Florida Legal Guide “Top Attorneys”
• Is he/she a lecturer to other personal injury lawyers and has he/she taught trial skills to others trial lawyers?
• Is the lawyer a published author in this field?
• Is the lawyer considered to be the best or most elite in their field?

Talk to the lawyers about your case and their experience with similar cases.

Florida Premises Liability Cases – Leighton Law & Florida Law

Max Panoff and John Leighton are both Florida premises liability lawyers with a track record of securing substantial verdicts for victims. He and his team have secured a verdict of $600,000. for a Sears clerk who was injured in the parking lot at a large regional mall.

He also won a verdict of $500,000 for the victim’s family in Palm Beach County, and $24,000,000 for the family who lost their son to a shooting at a bank.

John also won $1,045,000 for a victim who suffered sexual assault at Key West hotels and $1 million for a victim who was injured by falling merchandise at Costco stores in Miami. One case saw Mr. Leighton recover $850,000 for a victim who fell on rainwater outside of a resort hotel.

He proved that the floor was slippery and that the flooring was not sufficiently slip-resistant for the area that would be wet. Mr. Leighton, Mr. Panoff won $1million for a man who fell on a resort ramp which had been wet by rainwater and did not have an anti slip surface.

John also secured $5.5 million for the family members of a man electrocuted by a hot tub because of improper wiring done by electricians and contractors. Leighton law has been fighting for clients over the years and won compensation for their injuries.

Contact us if you or someone you care about is injured in an accident on another person’s property. We provide top-of-the-line defense strategies to win damages and hold negligent parties accountable.

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